Crime victims may get sentencing role

By Alex Mitchell, State Political EditorFebruary 16 2003
The Sun-Herald

Victims of crimes such as murder and rape will be given a voice in the courtroom before the sentencing of offenders under new laws to be outlined by Premier Bob Carr today.

The victim, a family member or a representative of the victim will be able to address the judge about the crime and its impact on their lives, their families and loved ones.

It will occur after the jury delivers the guilty verdict but before the judge determines the sentence.

At present, a written Victim's Impact Statement can be tendered in court but, under Mr Carr's proposed change, the victim will be able to read a statement to the court with the accused present in the dock.

"This is about giving victims a louder voice in the courtroom," Mr Carr said, foreshadowing legislation he will introduce if his Government is re-elected on March 22.

"Victims of crime and victims' support groups have told me they want the right to tell the court how the crime affected them," he said.

"This latest change builds on our record of assisting victims of crime."

The new process will apply to any crime that results in the death of, or physical bodily harm to, any person, or to any crime involving an act of actual or threatened violence or an act of sexual assault.

Mr Carr also announced the appointment of representatives of the state's three major victims' support groups to the newly established 10-member NSW Sentencing Council to be chaired by former Supreme Court justice Alan Abadee, QC.

They are Ken Marslew of Enough is Enough, Martha Jabour of the Homicide Victims Support Group and Howard Brown of the Victims of Crime Assistance League (VOCAL).

Mr Carr said the council's first task would be to report on how to make sentencing in local courts more consistent, following a public outcry over the treatment of some repeat offenders, drunk drivers and traffic hoons.

"This is important because about 98 per cent of crimes are dealt with in the local courts," he said.

"Victims of crime and victims' support groups have helped me make a number of major changes to the criminal law.

"This includes our new Standard Minimum Sentences, our knife laws, and our legislation to keep the killers of Anita Cobby, Janine Balding and Virginia Morse behind bars. I take their experiences and their advice very seriously."

The Sentencing Council, which is based on similar models in Britain and North America, will make recommendations on minimum sentencing, monitor sentencing trends and prepare special reports for the Attorney-General.

Mr Carr said three of the community members on the Sentencing Council - Mr Marslew, Ms Jabour and Mr Brown - had an outstanding record of fighting for victims' rights and justice.

"They have never been afraid of speaking their mind on behalf of victims of crime and the community," Mr Carr said. "That's why they have been selected."

The fourth community member is Jenny Fullford, who was Maitland Citizen of the Year 2001, president of Maitland Public School P&C, registrar of Maitland RSL Youth Club and a community volunteer.

The council would also include prosecution, defence and law enforcement specialists, whose positions would be confirmed shortly, Mr Carr said.

The Premier said 63-year-old former justice Abadee was a highly respected judicial figure who would bring to the new body a wealth of experience, including his years on the Court of Criminal Appeal.

The Government's plan for post-verdict statements is almost certain to draw fire from civil-rights groups, which claim that victims' involvement in sentencing is potentially traumatic for them and brings high emotion to the criminal justice system.

Trial barristers have also expressed concern about the sensationalising of trials and the demonising of defendants, who may be planning an appeal.

But Mr Carr's advisers have brushed aside objections saying the court system must accommodate the victims as genuine stakeholders in the process and have a right to be heard.